Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 13 rule 8 roc 2012

Legal area

Court

6 Mar 2024

KUANTAN TEMBELING CONDOMINIUM MANAGEMENT CORPORATION SAM SIEW CHONG

Citation

CA-A72NCvC-233-09/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCvC-233-09/2022 (Mahkamah Majistret)

The default judgment was regular because substituted service was properly effected, the claim was a liquidated statutory liability under section 77 of the Strata Management Act and the defendant failed to demonstrate a bona fide meritorious defence; accordingly the application to set aside the default judgment is dismissed.
4 Nov 2022

LIM WEI CHIEK ANCOM ENERGY & SERVICES SDN. BHD.

Citation

BL-12ANCC-4-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12ANCC-4-07/2022 (Mahkamah Tinggi)

Service of the writ and statement of claim was valid under the parties' contractual service clause and Order 10 r 3(1)(b); the appellant failed to show the default judgment was irregular and failed to disclose a prima facie defence supported by evidence; therefore the sessions court's refusal to set aside the default judgment was correct and the appeal is dismissed with costs.